Maj and Orlic and Anor

In the matter of *Maj and Orlic*, Johnston J of the Family Court of Australia considered an application concerning the parental responsibility and living arrangements for two children, B and C. The proceedings involved the children's father, mother, and paternal grandmother. The dispute centred on who should have parental responsibility and where the children should live, with the paternal grandmother seeking final orders for sole parental responsibility and the children to live with her.

The Court was required to determine whether to grant the paternal grandmother's application for final orders on an undefended basis, given the mother's failure to attend Court despite being aware of the proceedings. Furthermore, the Court needed to consider the father's undertaking regarding illicit substance use and the appropriate orders for parental responsibility, the children's living arrangements, and the time the parents would spend with the children.

Johnston J made orders reflecting the agreement reached, noting the father's undertaking not to consume illicit substances while spending time with the children or for 24 hours prior. The Court granted the paternal grandmother leave to have her application heard undefended and noted the mother's absence. The Court was satisfied to make orders granting the paternal grandmother sole parental responsibility for the children and that the children live with her. The mother and father were to spend time with the children as agreed between the parties. The orders also included details regarding contravention and compliance pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*.